Application For Overtime Exemption In Excess Of 72 Hours A Month Under Section 38(5) Of The Employment Act printable pdf download

Application for Overtime Exemption in excess of 72 hours a month under Section

38(5) of the Employment Act

This form may take you 15 minutes to complete. You will need the following information to fill in the form:

Company particulars (e.g. Business/Factory Registration No., contact person, work-related accidents

−

reported to MOM)

Overtime exemption details (e.g. Number of employees affected, period of exemption sought,

−

union’sviews)

Affected employees (acknowledgement form)

−

Endorsement of Risk Register by WSH Auditor

– Applicable only to factories or workplaces covered under

−

the Workplace Safety and Health Act (WSH Act).

Note:

Section 38(5) of the Employment Act limits the extent of overtime work of an employee to 72 hours a month.

Employers must seek the prior approval of the Commissioner for Labour for exemption from section 38(5) if

they require any employee to work in excess of 72 hours a month.

Please note that work done on rest days or public holidays are not included in the 72 hrs limit for overtime.

However if the employees are required to work beyond their normal working hours on the rest day or public

holiday, the extra hours of work performed would be included in the 72 hrs limit.

The period of exemption sought could be for a period of up to 2 years.

Pregnant female employee or employees under the age of 18, are not allowed to perform overtime work

exceeding 72 hours a month.

Application for overtime exemption will not be considered under any of the following circumstances:

The company has any outstanding Stop Work Order or Remedial Order

pending rectification;

The company has any work-related fatal accident or adverse employment records with the Ministry

of Manpower in the last 12 months prior to the application for overtime exemption; or

The work activity seeking for overtime exemption is one of the work activities listed in ANNEX A.

Application for overtime exemption in factories or workplaces listed in the First Schedule of the

Workplace Safety and Health Act

are to conduct a risk assessment on the work activities in which overtime

exemption is sought.

The risk assessments should demonstrate that measures are in place to protect

employees and that only LOW risk activities are engaged during the extended working hours. The risk

assessment shall be endorsed by a WSH Auditor

. See ANNEX B for more details on risk assessment.

Applications for exemption are to be submitted at least 3 months before the commencement of the overtime

work to

mom_lrwd@mom.gov.sg

or you may submit it online via the Employment Standards Online (ESOL)

Stop Work Order or Remedial Order issued under section 21 of the Workplace Safety and Health Act.

Workplace Safety and Health Act is available at

The list of WSH Auditors could be obtained at MOM’s Website:

Employment Standards Online (ESOL) is a one-stop portal for organisations and the general public to transact with the Labour Relations

and Workplaces Division (LRWD).

Information on the Employment Standards Online (ESOL) could be obtained at MOM Website

(under Services and Forms>>Workplace Relations and Standards>>Employment Standards>>Employment

Standards Online (ESOL) For Business Users).

Application For Overtime Exemption In Excess Of 72 Hours A Month Under Section 38(5) Of The Employment Act

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